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Kemmelhor v. Cohen

58 N.Y. St. Rep. 836 Court N.Y.C.P. Decision date 1894-04-26 English

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p. 836
Lewis Kemmelhor, Resp’t, v. Isaac Cohen, App’lt.
(New York Common Pleas, General Term,
Filed April 26, 1894.)

Headnote

Appeal—Finding.
Where the evidence is sufficient to warrant the justice in his finding, the judgment will he affirmed on appeal.
Appeal from judgment of the fourth judicial district of New York.
Otto Irving Wise, for app’lt; Douglass & M., for resp’t.

The burden of showing error is on the appellant. It does not appear that the motion to amend the complaint was granted, or that the judgment was not rendered on the original cause of action. There was evidence sufficient to warrant the justice in finding as he did in that cause of action. The judgment should therefore be affirmed with costs.